The District Attorney's Office has filed an emergency motion to get a man back into court after a toddler died on Friday following a crash last weekend.

The family of Vicente Griego, nearly 2, said the boy was confirmed brain dead and taken off life support, which he had been on since the crash last Saturday.

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"I will never hear his voice again, but I believe God had a plan. We don’t know what it is, but I hope everyone heals, (even if we) don't know how long or how," said the child's grandmother, Tyfanie Stafford.

Police said they arrested Mariano Salaz Jr. after he hit the family's car near on Coors Boulevard near Quail Road. Police said Salaz then took off, crashed into another car and then rammed into an Albuquerque police unit.

Salaz originally faced felony charges that included leaving the scene of a crash with an injury. He bonded out of jail after a court appearance on Monday.

The child's father said he was very upset on when he learned Salaz was let out of jail.

"It's alarming and disgusting, and it pisses me the hell off, because it's basically like they're just slapping his hand," Jonathan Griego said.

"We want justice. (Salaz) needs to be behind bars," Stafford said.

However, on Friday night, District Attorney Kari Brandenburg filed a motion to review the conditions of release for Salaz.

"When the charges become more serious, much more serious, (we) reevaluate the condition of release," Brandenburg said. "We think the court needs to review that, and certainly when the baby died, that became a vehicular homicide case."

The emergency motion increases charges to vehicular homicide with DWI and a $100,000 cash-only bond.

Brandenburg said a judge approved a new hearing date next week to request the new charges and cash-only bond.

"We think it's a reasonable bond where a child lost his life," Brandenburg said.

She said Salaz will not be taken to jail, but instead will be free until his hearing.

Brandenburg said her office doesn't fear Salaz will run before the court date.

"I hope that we are able to give the family justice," Brandenburg said. "We can't give them their baby back, but we hope we can prosecute him and make that complete."

Police are still looking into how Salaz was able to get alcohol in the first place.

Salaz' emergency hearing to face the new charges will be next Wednesday at 3 p.m.